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Senate Amendment 4698

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Senate Amendment 4698 129HB153-SC4698/JF Sub. H.B. 153 As Pending in S. Finance LSC 129 1066-6 SC-4698 _______________________________ moved to amend as follows: In line 472, after "2921.41," insert "2925.03," 1 In line 506, after "3719.141," insert "3719.41," 2 Between lines 45635 and 45636, insert: 3 "Sec. 2925.03. (A) No person shall knowingly do any of the 4 following: 5 (1) Sell or offer to sell a controlled substance; 6 (2) Prepare for shipment, ship, transport, deliver, prepare 7 for distribution, or distribute a controlled substance, when the 8 offender knows or has reasonable cause to believe that the 9 controlled substance is intended for sale or resale by the 10 offender or another person. 11 (B) This section does not apply to any of the following: 12 (1) Manufacturers, licensed health professionals authorized 13 to prescribe drugs, pharmacists, owners of pharmacies, and other 14 persons whose conduct is in accordance with Chapters 3719., 4715., 15 4723., 4729., 4730., 4731., and 4741. of the Revised Code; 16 (2) If the offense involves an anabolic steroid, any person 17 who is conducting or participating in a research project involving 18 129HB153-SC4698 Page 2 19 the use of an anabolic steroid if the project has been approved by 20 the United States food and drug administration; (3) Any person who sells, offers for sale, prescribes, 21 dispenses, or administers for livestock or other nonhuman species 22 an anabolic steroid that is expressly intended for administration 23 through implants to livestock or other nonhuman species and 24 approved for that purpose under the "Federal Food, Drug, and 25 Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 26 and is sold, offered for sale, prescribed, dispensed, or 27 administered for that purpose in accordance with that act. 28 (C) Whoever violates division (A) of this section is guilty 29 of one of the following: 30 (1) If the drug involved in the violation is any compound, 31 mixture, preparation, or substance included in schedule I or 32 schedule II, with the exception of marihuana, formaldehyde, 33 cocaine, L.S.D., heroin, and hashish, whoever violates division 34 (A) of this section is guilty of aggravated trafficking in drugs. 35 The penalty for the offense shall be determined as follows: 36 (a) Except as otherwise provided in division (C)(1)(b), (c), 37 (d), (e), or (f) of this section, aggravated trafficking in drugs 38 is a felony of the fourth degree, and division (C) of section 39 2929.13 of the Revised Code applies in determining whether to 40 impose a prison term on the offender. 41 (b) Except as otherwise provided in division (C)(1)(c), (d), 42 (e), or (f) of this section, if the offense was committed in the 43 vicinity of a school or in the vicinity of a juvenile, aggravated 44 trafficking in drugs is a felony of the third degree, and division 45 (C) of section 2929.13 of the Revised Code applies in determining 46 whether to impose a prison term on the offender. 47 (c) Except as otherwise provided in this division, if the 48 129HB153-SC4698 Page 3 49 amount of the drug involved equals or exceeds the bulk amount but 50 is less than five times the bulk amount, aggravated trafficking in 51 drugs is a felony of the third degree, and the court shall impose 52 as a mandatory prison term one of the prison terms prescribed for 53 a felony of the third degree. If the amount of the drug involved 54 is within that range and if the offense was committed in the 55 vicinity of a school or in the vicinity of a juvenile, aggravated 56 trafficking in drugs is a felony of the second degree, and the 57 court shall impose as a mandatory prison term one of the prison 58 terms prescribed for a felony of the second degree. (d) Except as otherwise provided in this division, if the 59 amount of the drug involved equals or exceeds five times the bulk 60 amount but is less than fifty times the bulk amount, aggravated 61 trafficking in drugs is a felony of the second degree, and the 62 court shall impose as a mandatory prison term one of the prison 63 terms prescribed for a felony of the second degree. If the amount 64 of the drug involved is within that range and if the offense was 65 committed in the vicinity of a school or in the vicinity of a 66 juvenile, aggravated trafficking in drugs is a felony of the first 67 degree, and the court shall impose as a mandatory prison term one 68 of the prison terms prescribed for a felony of the first degree. 69 (e) If the amount of the drug involved equals or exceeds 70 fifty times the bulk amount but is less than one hundred times the 71 bulk amount and regardless of whether the offense was committed in 72 the vicinity of a school or in the vicinity of a juvenile, 73 aggravated trafficking in drugs is a felony of the first degree, 74 and the court shall impose as a mandatory prison term one of the 75 prison terms prescribed for a felony of the first degree. 76 (f) If the amount of the drug involved equals or exceeds one 77 hundred times the bulk amount and regardless of whether the 78 offense was committed in the vicinity of a school or in the 79 129HB153-SC4698 Page 4 80 vicinity of a juvenile, aggravated trafficking in drugs is a 81 felony of the first degree, the offender is a major drug offender, 82 and the court shall impose as a mandatory prison term the maximum 83 prison term prescribed for a felony of the first degree and may 84 impose an additional prison term prescribed for a major drug 85 offender under division (D)(3)(b) of section 2929.14 of the 86 Revised Code. (2) If the drug involved in the violation is any compound, 87 mixture, preparation, or substance included in schedule III, IV, 88 or V, whoever violates division (A) of this section is guilty of 89 trafficking in drugs. The penalty for the offense shall be 90 determined as follows: 91 (a) Except as otherwise provided in division (C)(2)(b), (c), 92 (d), or (e) of this section, trafficking in drugs is a felony of 93 the fifth degree, and division (C) of section 2929.13 of the 94 Revised Code applies in determining whether to impose a prison 95 term on the offender. 96 (b) Except as otherwise provided in division (C)(2)(c), (d), 97 or (e) of this section, if the offense was committed in the 98 vicinity of a school or in the vicinity of a juvenile, trafficking 99 in drugs is a felony of the fourth degree, and division (C) of 100 section 2929.13 of the Revised Code applies in determining whether 101 to impose a prison term on the offender. 102 (c) Except as otherwise provided in this division, if the 103 amount of the drug involved equals or exceeds the bulk amount but 104 is less than five times the bulk amount, trafficking in drugs is a 105 felony of the fourth degree, and there is a presumption for a 106 prison term for the offense. If the amount of the drug involved is 107 within that range and if the offense was committed in the vicinity 108 of a school or in the vicinity of a juvenile, trafficking in drugs 109 is a felony of the third degree, and there is a presumption for a 110 129HB153-SC4698 Page 5 111 prison term for the offense. (d) Except as otherwise provided in this division, if the 112 amount of the drug involved equals or exceeds five times the bulk 113 amount but is less than fifty times the bulk amount, trafficking 114 in drugs is a felony of the third degree, and there is a 115 presumption for a prison term for the offense. If the amount of 116 the drug involved is within that range and if the offense was 117 committed in the vicinity of a school or in the vicinity of a 118 juvenile, trafficking in drugs is a felony of the second degree, 119 and there is a presumption for a prison term for the offense. 120 (e) Except as otherwise provided in this division, if the 121 amount of the drug involved equals or exceeds fifty times the bulk 122 amount, trafficking in drugs is a felony of the second degree, and 123 the court shall impose as a mandatory prison term one of the 124 prison terms prescribed for a felony of the second degree. If the 125 amount of the drug involved equals or exceeds fifty times the bulk 126 amount and if the offense was committed in the vicinity of a 127 school or in the vicinity of a juvenile, trafficking in drugs is a 128 felony of the first degree, and the court shall impose as a 129 mandatory prison term one of the prison terms prescribed for a 130 felony of the first degree. 131 (3) If the drug involved in the violation is marihuana or a 132 compound, mixture, preparation, or substance containing marihuana 133 other than hashish, whoever violates division (A) of this section 134 is guilty of trafficking in marihuana. The penalty for the offense 135 shall be determined as follows: 136 (a) Except as otherwise provided in division (C)(3)(b), (c), 137 (d), (e), (f), or (g) of this section, trafficking in marihuana is 138 a felony of the fifth degree, and division (C) of section 2929.13 139 of the Revised Code applies in determining whether to impose a 140 prison term on the offender.
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